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PEOPLE v. LILLIS

151 Misc.2d 988 (1991)

The People of the State of New York, Plaintiff, v. Bernard Lillis, Defendant.

Supreme Court, Monroe County.

August 23, 1991

Attorney(s) appearing for the Case

Richard Goldberg for defendant. Howard R. Relin, District Attorney (Sean Hanna of counsel), for plaintiff.

DONALD J. MARK, J.

The defendant, who is charged with driving while intoxicated as a felony in violation of Vehicle and Traffic Law § 1192 (2) and related charges, makes this pretrial application to suppress the results of a breathalyzer test, absent statutory authority (see, CPL 710.20 [5]) but pursuant to case law authority (see, People v Ruiz, 146 Misc.2d 825...

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